The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006

[^c2154921]: Words in art. 62(6)(b) substituted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), arts. 1, 6(1), Sch. 1 para. 313(c)(ii)

[^c2154924]: Words in art. 62(6)(e) substituted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), arts. 1, 6(1), Sch. 1 para. 313(c)(iii)

[^c2154930]: Words in Sch. 3 para. 3 inserted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), arts. 1, 6(1), Sch. 1 para. 314(a)

[^c2154933]: Sch. 3 para. 12 inserted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), arts. 1, 6(1), Sch. 1 para. 314(b)

[^c2154943]: Art. 7(2) omitted (6.4.2009) by virtue of The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), 2(b) (with art. 18)

[^c2154953]: Words in art. 7(1) omitted (6.4.2009) by virtue of The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), 2(a) (with art. 18)

[^c2154960]: Words in art. 8(1) substituted (6.4.2009) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), 3(a) (with art. 18)

[^c2154963]: Art. 8(6) added (6.4.2009) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), 3(b) (with art. 18)

[^c2154967]: Art. 14(1)(a) substituted (6.4.2009) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), 5(a) (with art. 18)

[^c2154970]: Words in art. 14(1)(b) inserted (6.4.2009) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), 5(b) (with art. 18)

[^c2154972]: Words in art. 15(1) substituted (6.4.2009) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), 6(a) (with art. 18)

[^c2154974]: Art. 15(2) substituted (6.4.2009) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), 6(b) (with art. 18)

[^c2154976]: 1992 c. 4.

[^c2154977]: 1992 c. 7. (N.I.).

[^c2154978]: 2007 c. 5.

[^c2154982]: Words in art. 22(5)(a) substituted (6.4.2009) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), 7 (with art. 18)

[^c2154984]: Words in art. 23(2) substituted (6.4.2009) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), 8 (with art. 18)

[^c2154987]: Art. 32 substituted (6.4.2009) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), 9 (with art. 18)

[^c2154989]: Words in art. 34(1) substituted (6.4.2009) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), 10(a) (with art. 18)

[^c2154991]: Art. 34(2A) inserted (6.4.2009) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), 10(b) (with art. 18)

[^c2154993]: Word in art. 50(3)(b) omitted (6.4.2009) by virtue of The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), {11(a))} (with art. 18)

[^c2154995]: Words in art. 50(3)(b) inserted (6.4.2009) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), 11(b) (with art. 18)

[^c2154997]: Art. 55 revoked (6.4.2009) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), 12 (with art. 18)

[^c2154999]: Words in art. 56 heading inserted (6.4.2009) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), 13(a) (with art. 18)

[^c2155001]: Art. 56(3)(g) added (6.4.2009) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), 13(b) (with art. 18)

[^c2155005]: Words in art. 61 heading substituted (6.4.2009) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), 14(a) (with art. 18)

[^c2155009]: Words in art. 61(8)(a) substituted (6.4.2009) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), 14(b) (with art. 18)

[^c2155011]: Words in art. 61(8)(b) substituted (6.4.2009) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), 14(c) (with art. 18)

[^c2155019]: Words in art. 61(8)(b) substituted (6.4.2009) by virtue of The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), 14(c) (with art. 18)

[^c2155021]: Words in art. 61(8)(d) substituted (6.4.2009) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), 14(d) (with art. 18)

[^c2155023]: Section 6A of the Pensions Appeal Tribunals Act 1943 (c. 39); section 6A was inserted by the Armed Forces (Pensions and Compensation) Act 2004 (c. 32), and amended by the Transfer of Tribunal Functions Order 2008 S.I. 2008/2833, article 9 and Schedule 3, paragraph 13.

[^c2155024]: Section 11 of the Tribunals, Courts and Enforcement Act 2007 (c.15) provides for the right of appeal from the First-tier Tribunal to the Upper Tribunal.

[^c2155032]: Words in Sch. 1 Pt. 4 Table inserted (6.4.2009) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), 15(d) (with art. 18)

[^c2155038]: Sch. 6 Pt. 3 Item 58A inserted (6.4.2009) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), 17 (with art. 18)

[^c2155069]: Words in Sch. 6 Pt. 2 Item 18 substituted (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 1 para. 45

[^c2155071]: Words in art. 12(6)(a) substituted (9.4.2012) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2012 (S.I. 2012/359), arts. 1, 3

[^c2155075]: Words in art. 36(1) inserted (9.4.2012) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2012 (S.I. 2012/359), arts. 1, 4

[^c2155102]: Word in Sch. 6 Pt. 2 Item 19(b) omitted (9.4.2012) by virtue of The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2012 (S.I. 2012/359), arts. 1, 7

[^c2172230]: Words in art. 33(4) substituted (8.4.2013) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2013 (S.I. 2013/241), arts. 1, 3

[^c2172232]: Words in art. 42(10)(c) substituted (8.4.2013) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2013 (S.I. 2013/241), arts. 1, 4

[^c2186732]: Art. 20(1)(c)(iv) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), regs. 2, 8, Sch. para. 38(2)

[^c2186734]: Art. 56(3)(h) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), regs. 2, 8, Sch. para. 38(3)

[^c2203584]: Words in art. 10(2)(c) omitted (29.4.2013) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 49(2)(a)

[^c2203586]: Art. 10(4) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 49(2)(b)

[^c2203588]: Word in art. 15(2)(b)(iii)(bb) omitted (29.4.2013) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 49(3)

[^c2203590]: Art. 15(2)(b)(iii)(dd) and preceding word inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 49(3)

[^c2203592]: Word in art. 50(3) omitted (29.4.2013) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 49(4)

[^c2203594]: Art. 50(3)(ab) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 49(4)

[^c2203596]: Art. 56(3)(i) and preceding semicolon inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 49(5)

[^key-041dcfca866332d25bcef8eaf8be0e22]: Words in art. 25 heading substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 110(5)(a)

[^key-09fb30705e14719eb5ef9375ac33165c]: Words in art. 25(1) omitted (2.12.2019) by virtue of The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 110(5)(b)

[^key-11a550de541fbd0c8bbf7c53d50493d9]: Words in art. 15(2)(b)(iii)(bb) inserted (9.4.2018) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2018 (S.I. 2018/176), arts. 1, 3

[^key-1921d6537aa1fd0790f2755db6eb4fed]: Words in art. 68(5)(b)(ii) omitted (2.12.2019) by virtue of The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 110(10)

[^key-2978b825bc26aeadb55fae4ca1693a84]: Art. 35(3A) inserted (9.4.2018) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2018 (S.I. 2018/176), arts. 1, 6(c)

[^key-32edbd21f0d8f90f66c54673a3a51139]: Words in art. 67 substituted (11.4.2016) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2016 (S.I. 2016/374), arts. 1(1), 9(2)

[^key-36a2704c6dfda1116a6d199869e82648]: Words in Sch. 6 Pt. 2 Item 26 inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 110(13)(c)(ii)

[^key-3e316947879b9fccda03354881cd3557]: Words in art. 45(2)(a) substituted (11.4.2016) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2016 (S.I. 2016/374), arts. 1(1), 7(b)

[^key-3e48ba822903ed15294e67cc0c672fc2]: Art. 56(3)(j) added (N.I.) (coming into force in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 16(5)(b)

[^key-44de11bf0a4b5db7209af36011219158]: Words in art. 38(a) substituted (11.4.2016) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2016 (S.I. 2016/374), arts. 1(1), 6

[^key-4523d121143647ee47693838f8b37b44]: Art. 51(3) inserted (11.4.2016) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2016 (S.I. 2016/374), arts. 1(1), 8

[^key-49aef682ea9fd07bacd1a2845794e5c7]: Words in art. 68(2) substituted (11.4.2016) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2016 (S.I. 2016/374), arts. 1(1), 9(4)

[^key-4ece2e64e6f259418b51cb7332cb59ae]: Words in art. 35(9)(b) omitted (2.12.2019) by virtue of The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 110(9)

[^key-533a392f85c94a8bdd2d5a0e074a99a5]: Pt. 2A inserted (11.4.2016) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2016 (S.I. 2016/374), arts. 1(1), 4

[^key-534187ed71a75dac8f67b69fbdeb1349]: Art. 10(2)(ba) inserted (11.4.2016) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2016 (S.I. 2016/374), arts. 1(1), 2

[^key-578c1bb8d0882a5c3653ed46d6d6c2e3]: Art. 34(2)(p): semi-colon substituted for full stop (11.4.2016) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2016 (S.I. 2016/374), arts. 1(1), 5(3)(b)

[^key-5a609d415fd52788cd2d9d881f4b46fb]: Art. 50(3)(ac) inserted (N.I.) (coming into force in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 16(4)(b)

[^key-5aa09ce2fb04f5da6b4c150238513b82]: Words in art. 36(1)(2) substituted (11.4.2016) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2016 (S.I. 2016/374), arts. 1(1), 5(4)(a)

[^key-5b95893f69005e93f25c2d09e5ef6eb0]: Word in Sch. 6 Pt. 2 Item 30 substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 110(13)(d)

[^key-5cd999ef5d19916f52afb58aff2f04d8]: Art. 10(4)(b) substituted (coming into force in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 16(2)

[^key-656f9222b2fa03633076f01452cf5e22]: Word in art. 24 heading substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 110(4)(a)

[^key-6a82b5cb097eb98d41ea14eaf3820723]: Words in art. 35(3) inserted (9.4.2018) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2018 (S.I. 2018/176), arts. 1, 6(b)(i)

[^key-6dab8661305dc56c317f2dbaa9f93847]: Words in art. 2(2) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 110(2)

[^key-7602db8ad6ef95cc7f898f263012d0da]: Words in art. 45(1)(a) substituted (11.4.2016) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2016 (S.I. 2016/374), arts. 1(1), 7(a)

[^key-779f05dc44bccc121bc64753858458cb]: Words in art. 12(6)(a) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 110(3)

[^key-7d19c8ff4c70249694b465803056619e]: Art. 68(1A) inserted (11.4.2016) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2016 (S.I. 2016/374), arts. 1(1), 9(3)

[^key-7f316fce247f30d27193b1c692efa9f7]: Sch. 6 Pt. 2 Item 26A inserted (11.4.2016) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2016 (S.I. 2016/374), arts. 1(1), 11

[^key-8018ad30b8da5092ff3479b4e5c70c2a]: Words in art. 27(1) omitted (2.12.2019) by virtue of The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 110(6)

[^key-812b50b84272e21b45182e7475d99060]: Art. 56(3)(ha) inserted (N.I.) (20.6.2016) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/228), regs. 1, 32(3)

[^key-833efe3bdc32a716a2ed527e2ab90818]: Words in art. 34(2)(m) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 110(8)(b)

[^key-87e8b689934b72901485347bc3ca79f0]: Words in Sch. 6 Pt. 2 substituted (9.4.2018) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2018 (S.I. 2018/176), arts. 1, 9

[^key-8cb6f605bc50dd4e8f9b071be729e22c]: Word in art. 50(3)(ab) omitted (N.I.) (coming into force in accordance with reg. 1(1) of the amending Rule) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 16(4)(a)

[^key-9134d54fc7a38ce9fe8fb9c12d02b909]: Art. 34(2)(q) inserted (11.4.2016) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2016 (S.I. 2016/374), arts. 1(1), 5(3)(c)

[^key-92d09aca208a382a600a5c93a6568936]: Art. 56(3)(i): semicolon added (N.I.) (coming into force in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 16(5)(a)

[^key-94bc278cebe2108ac59f2e5fd28510fb]: Words in art. 34(2)(l) omitted (2.12.2019) by virtue of The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 110(8)(a)

[^key-961777b49cb9cac257228ea433cd5364]: Word in art. 15(2)(b)(iii)(cc) omitted (N.I.) (coming into force in accordance with reg. 1(1) of the amending Rule) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 16(3)(a)

[^key-9f768a63bd4bb7e9417767e30ea298fc]: Words in art. 34(1) substituted (9.4.2018) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2018 (S.I. 2018/176), arts. 1, 5

[^key-a1878a45f6c4fbd5c29862139f59864d]: Words in Sch. 6 Pt. 2 Item 58A substituted (10.4.2023) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2023 (S.I. 2023/163), arts. 1, 5

[^key-a602978181033a9b4b749b282ac5095d]: Words in art. 33(2)(b) substituted (9.4.2018) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2018 (S.I. 2018/176), arts. 1, 4

[^key-a92dcb4dfdcb7185d54e021236e682d7]: Words in art. 35(2)(b) substituted (9.4.2018) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2018 (S.I. 2018/176), arts. 1, 6(a)

[^key-aa292c0d65211a99789fdf0ea6a80ca5]: Words in art. 68(5)(a) inserted (11.4.2016) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2016 (S.I. 2016/374), arts. 1(1), 9(5)

[^key-aee98054e1a0eefc415ea283d7dbb8be]: Words in art. 20(1)(c)(iv) inserted (N.I.) (20.6.2016) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/228), regs. 1, 32(2)

[^key-bc2a890950dc7dfb79a748fd4cc84b90]: Art. 27(3)(a) substituted (8.4.2019) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2019 (S.I. 2019/186), arts. 1, 3(a)

[^key-be398c99f626dec7329b9980c7a487de]: Words in art. 34(1) substituted (11.4.2016) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2016 (S.I. 2016/374), arts. 1(1), 5(2)(a)

[^key-be8e6e7cd08f7382339211eaa2bdc74a]: Words in Sch. 6 Pt. 2 Item 26 inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 110(13)(b)

[^key-c081910ca2e77081ed328ae5a51c5b7b]: Word in art. 36(3) substituted (11.4.2016) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2016 (S.I. 2016/374), arts. 1(1), 5(4)(b)

[^key-c89203926e0642d222b9b323fd862dab]: Words in art. 24(1) omitted (2.12.2019) by virtue of The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 110(4)(b)

[^key-d18c794486a994d048420ac17752de1d]: Words in art. 35(3)(b) substituted (9.4.2018) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2018 (S.I. 2018/176), arts. 1, 6(b)(ii)

[^key-d428c3251442025f7a8130e671a15141]: Words in Sch. 6 Pt. 2 Item 26 omitted (2.12.2019) by virtue of The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 110(13)(c)(i)

[^key-d6862befccbe499318718df1d90385b2]: Words in art. 33(1) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 110(7)(a)

[^key-d888da9488f7862cfe5a9a1b064b27fc]: Word in art. 15(2)(b)(iii)(dd) inserted (N.I.) (coming into force in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 16(3)(b)

[^key-e58405f6bac03621e88d7050e532e0d6]: Words in Sch. 6 Pt. 2 Item 26 inserted (E.W.) (13.3.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential Provisions) Order 2014 (S.I. 2014/107), arts. 1(2), 2, Sch. 1 para. 43(b) Words in Sch. 6 Pt. 2 Item 26 inserted (S.) (16.12.2014) by The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014 (S.I. 2014/3229), art. 1(2), Sch. 6 para. 30(b) Words in Sch. 6 Pt. 2 Item 26 inserted (N.I.) (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 105 (with regs. 6-9)

[^key-e79597756eff46bad31b9329dad605e2]: Art. 33(2) substituted (6.4.2015) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2015 (S.I. 2015/208), arts. 1(1), 2(b)

[^key-e8138ec6af4bffb7a227ec421b666930]: Art. 27(8) inserted (8.4.2019) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2019 (S.I. 2019/186), arts. 1, 3(b)

[^key-e8504a55fa0727872d134a521149fa47]: Words in art. 34(1)(a) substituted (11.4.2016) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2016 (S.I. 2016/374), arts. 1(1), 5(2)(b)

[^key-e852b2866869a5036ad55bd5676b95d4]: Art. 20(1)(c)(v) inserted (11.4.2022) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2022 (S.I. 2022/147), arts. 1, 3

[^key-e893b3292e8fe6c99fff97947633fd77]: Words in art. 37(2)(a) substituted (11.4.2016) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2016 (S.I. 2016/374), arts. 1(1), 5(5)

[^key-f1e538b4dcd8dd34be4b2021c254d12f]: Words in art. 34(2) substituted (11.4.2016) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2016 (S.I. 2016/374), arts. 1(1), 5(3)(a)

[^key-f45dfdedac57d8f7ca1c0b64ea06abc4]: Sch. 1A inserted (11.4.2016) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2016 (S.I. 2016/374), arts. 1(1), 12

[^key-fb7a3219bc16925955923d7d1b307804]: Sch. 6 Pt. 2 Item 25 omitted (2.12.2019) by virtue of The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 110(13)(a)

[^key-fcba10cef817b7a053afc48fc03e0f33]: Words in art. 33(3) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 110(7)(b)

[^M_F_35f75d5e-500a-44d9-b379-5ef5241231f2]: Art. 12(10)(a)(iii) inserted (11.4.2016) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2016 (S.I. 2016/374), arts. 1(1), 3

[^M_F_57df7f76-3866-4315-f2c7-a418b753cb6b]: Art. 15(2)(b)(iii)(ee) inserted (N.I) (coming into force in accordance with reg. 1(1) of the amending S.R.) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R 2016/236), regs. 1(1), 16(3)(c)

[^key-6755c5d2c73e243c2f711d77d08d6280]: Word in art. 10(2)(c) omitted (16.11.2023) by virtue of The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Modifications) Order 2023 (S.I. 2023/1214), art. 1(2), reg. 11(2)(a)

[^key-9f5b5c36ad09f2667d271e7e0411e402]: Art. 10(2)(ca) inserted (16.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Modifications) Order 2023 (S.I. 2023/1214), art. 1(2), reg. 11(2)(b)

[^key-c732fdea92d98f6151c8a8a13e53a3fb]: Art. 56(3)(k) inserted (8.4.2024) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2024 (S.I. 2024/191), arts. 1(b), 3

[^key-737e552ffab6f4fa2be957e33b2c93ee]: Art. 20(1)(c)(vi) inserted (21.3.2025) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2025 (S.I. 2025/128), arts. 2(1), 5(b)

[^key-7933bbf06f7be1845c3863d0b9d6e579]: Words in art. 20(1)(c)(iii) inserted (21.3.2025) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2025 (S.I. 2025/128), arts. 2(1), 5(a)(i)

[^key-a0a370d7ba17f3221537c3bfd6015590]: Words in art. 20(1)(c)(iii) omitted (21.3.2025) by virtue of The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2025 (S.I. 2025/128), arts. 2(1), 5(a)(ii)

[^key-62e8e6c9d62cf2933ec7b41deae94768]: Sch. 1 Pt. 2 Table substituted (7.4.2025) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2025 (S.I. 2025/128), art. 2(2), Sch. 1

[^key-bf84b62d1ce207320a47db3d6b514ecb]: Sch. 1 Pt. 3 Tables 1, 2 substituted (7.4.2025) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2025 (S.I. 2025/128), art. 2(2), Sch. 2

[^key-83f9afeeff6d7408ed981e41c9c1c061]: Sch. 1 Pt. 4 Table substituted (7.4.2025) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2025 (S.I. 2025/128), art. 2(2), Sch. 3

[^key-d187113ddb850df7f12af47657d1178c]: Sch. 2 Pt. 2 Tables 1-7 substituted (7.4.2025) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2025 (S.I. 2025/128), art. 2(2), Sch. 4

[^key-3bc8b1f783c039bbf5006ebfe399cf2b]: Sch. 2 Pt. 3 Table substituted (7.4.2025) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2025 (S.I. 2025/128), art. 2(2), Sch. 5

Description of Allowance	Description of Allowance	Description of Allowance	Description of Allowance	Rate	Rate
				Groups 1-9	Groups 10-15
(*) Maximum amount payable
1. Constant attendance allowance—	1. Constant attendance allowance—	1. Constant attendance allowance—	1. Constant attendance allowance—
	(a)	under article 8—	under article 8—
		(i) the part day rate of constant attendance allowance under paragraph (2)	(i) the part day rate of constant attendance allowance under paragraph (2)	£2,353.00 per annum	£45.10 per week
		(ii) the full day rate of constant attendance allowance under paragraph (3)	(ii) the full day rate of constant attendance allowance under paragraph (3)	£4,707.00 per annum	£90.20 per week
		(iii) the intermediate rate of constant attendance allowance under paragraph (4)	(iii) the intermediate rate of constant attendance allowance under paragraph (4)	£7,060.00 per annum	£135.30 per week
		(iv) the exceptional rate of constant attendance allowance under paragraph (5)	(iv) the exceptional rate of constant attendance allowance under paragraph (5)	£9,413.00 per annum	£180.40 per week
	(b)	under 71(4)—	under 71(4)—
		(i) the rate under paragraph (4)(a)	(i) the rate under paragraph (4)(a)	£4,707.00 per annum(*)	£90.20 per week(*)
		(ii) the rate under paragraph (4)(b)	(ii) the rate under paragraph (4)(b)	£9,413.00 per annum(*)	£180.40 per week(*)
2. Exceptionally severe disablement allowance under article 9	2. Exceptionally severe disablement allowance under article 9	2. Exceptionally severe disablement allowance under article 9	2. Exceptionally severe disablement allowance under article 9	£4,707.00 per annum	£90.20 per week
3. Severe disablement occupational allowance under article 10	3. Severe disablement occupational allowance under article 10	3. Severe disablement occupational allowance under article 10	3. Severe disablement occupational allowance under article 10	£2,353.00 per annum	£45.10 per week
4. Allowance for wear and tear of clothing under article 11	4. Allowance for wear and tear of clothing under article 11	4. Allowance for wear and tear of clothing under article 11	4. Allowance for wear and tear of clothing under article 11	£308 per annum	£308 per annum
5. Unemployability allowances—	5. Unemployability allowances—	5. Unemployability allowances—	5. Unemployability allowances—
	(a)	Personal allowance under article 12(1)(a)	Personal allowance under article 12(1)(a)	£7,704.00 per annum	£147.65 per week
	(b)	Additional allowances for dependants by way of—	Additional allowances for dependants by way of—
		(i) increase of allowance in respect of a spouse, civil partner, adult dependant, dependant living as a spouse or dependant living as a civil partner under article 12(6)(a)	(i) increase of allowance in respect of a spouse, civil partner, adult dependant, dependant living as a spouse or dependant living as a civil partner under article 12(6)(a)	£4,281.00 per annum(*)	£82.05 per week(*)
		(ii) increase of allowance under article 12(6)(b)—	(ii) increase of allowance under article 12(6)(b)—
			(aa) in respect of the only, elder or eldest child of a member	£997.00 per annum	£19.10 per week
			(bb) in respect of each other child of a member	£1,169.00 per annum	£22.40 per week
			(cc) where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 1992, or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act	£1,169 per annum	£22.40 per week
	For decisions made on or after 9th April 2001	For decisions made on or after 9th April 2001	For decisions made on or after 9th April 2001
	(c)	the annual earnings figure for the purposes of article 12(4) is £10,166.00	the annual earnings figure for the purposes of article 12(4) is £10,166.00
	(d)	the weekly income figure for the purposes of article 12(6)(a)(i) is £92.05	the weekly income figure for the purposes of article 12(6)(a)(i) is £92.05
6. Invalidity allowance under article 13—	6. Invalidity allowance under article 13—	6. Invalidity allowance under article 13—	6. Invalidity allowance under article 13—
	(a)	If—	If—	£1,524.00 per annum	£29.20 per week
		(i) the relevant date fell before 5th July 1948;	(i) the relevant date fell before 5th July 1948;
		(ii) on the relevant date the member was under the age of 35; or	(ii) on the relevant date the member was under the age of 35; or
		(iii) on the relevant date the member was under the age of 40 and had not attained the age of 65, in the case of the member being a man, or 60, in the case of the member being a woman, before 6th April 1979 and the period in respect of which payment of the allowance is to relate begins on or after 6th April 1979	(iii) on the relevant date the member was under the age of 40 and had not attained the age of 65, in the case of the member being a man, or 60, in the case of the member being a woman, before 6th April 1979 and the period in respect of which payment of the allowance is to relate begins on or after 6th April 1979
	(b)	if head (a) does not apply and—	if head (a) does not apply and—
		(i) on the relevant date the member was under the age of 45; or	(i) on the relevant date the member was under the age of 45; or	£997.00 per annum	£19.10 per week
		(ii) on the relevant date the member was under the age of 50 and had not attained the age of 65, in the case of the member being a man, or 60, in the case of the member being a woman, before 6th April 1979 and the period in respect of which payment of the allowance is to relate begins on or after 6th April 1979	(ii) on the relevant date the member was under the age of 50 and had not attained the age of 65, in the case of the member being a man, or 60, in the case of the member being a woman, before 6th April 1979 and the period in respect of which payment of the allowance is to relate begins on or after 6th April 1979	£997.00 per annum	£19.10 per week
	(c)	if heads (a) and (b) do not apply and on the relevant date the member was a man under the age of 60 or a woman under the age of 55	if heads (a) and (b) do not apply and on the relevant date the member was a man under the age of 60 or a woman under the age of 55	£498.00 per annum	£9.55 per week
7. Comforts allowance—	7. Comforts allowance—	7. Comforts allowance—	7. Comforts allowance—
	(a)	under article 14(1)(a)	under article 14(1)(a)	£2,025.00 per annum	£38.80 per week
	(b)	under article 14(1)(b)	under article 14(1)(b)	£1,012.00 per annum	£19.40 per week
8. Allowance for lowered standard of occupation under article 15	8. Allowance for lowered standard of occupation under article 15	8. Allowance for lowered standard of occupation under article 15	8. Allowance for lowered standard of occupation under article 15	£4,702.00 per annum(*)	£90.12 per week(*)
9. Age allowance under article 16 where the degree of pensioned disablement is—	9. Age allowance under article 16 where the degree of pensioned disablement is—	9. Age allowance under article 16 where the degree of pensioned disablement is—	9. Age allowance under article 16 where the degree of pensioned disablement is—
	(a)	40 to 50 per cent	40 to 50 per cent	£832.00 per annum	£15.95 per week
	(b)	over 50 per cent, but not exceeding 70 per cent	over 50 per cent, but not exceeding 70 per cent	£1,284.00 per annum	£24.60 per week
	(c)	over 70 per cent, but not exceeding 90 per cent	over 70 per cent, but not exceeding 90 per cent	£1,826.00 per annum	£35.00 per week
	(d)	over 90 per cent	over 90 per cent	£2,567.00 per annum	£49.20 per week
10. Part-time treatment allowance under article 19	10. Part-time treatment allowance under article 19	10. Part-time treatment allowance under article 19	10. Part-time treatment allowance under article 19	£109.65 per day(*)	£109.65 per day(*)
11. Mobility supplement under article 20	11. Mobility supplement under article 20	11. Mobility supplement under article 20	11. Mobility supplement under article 20	£4,487.00 per annum	£86.00 per week
Description of Pension or Allowance	Description of Pension or Allowance	Description of Pension or Allowance	Rates	Rates
---	---	---	---	---
Description of Pension or Allowance	Description of Pension or Allowance	Description of Pension or Allowance	Groups 1-11	Groups 12-17
(*) Maximum amount payable
1. Pension under article 24 to dependant who lived as a spouse or dependant who lived as a civil partner	1. Pension under article 24 to dependant who lived as a spouse or dependant who lived as a civil partner	1. Pension under article 24 to dependant who lived as a spouse or dependant who lived as a civil partner	£9,335.00 per annum(*)	£178.90 per week(*)
2. Rent allowance under article 25	2. Rent allowance under article 25	2. Rent allowance under article 25	£3,559.00 per annum(*)	£68.20 per week(*)
3. Elderly persons allowance under article 26—	3. Elderly persons allowance under article 26—	3. Elderly persons allowance under article 26—
	(a)	if aged 65 or over but under 70	£1,080.00 per annum	£20.70 per week
	(b)	if aged 70 or over but under 80	£2,072.00 per annum	£39.70 per week
	(c)	if aged 80 or over	£3,079.00 per annum	£59.00 per week
4. Allowances in respect of children—	4. Allowances in respect of children—	4. Allowances in respect of children—
	(a)	under article 28(2)(a)—
		(i) in respect of the only, elder or eldest child of a member	£1,485.00 per annum	£28.45 per week
		(ii) in respect of each other child of a member	£1,654.00 per annum	£31.70 per week
		(iii) where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 1992, or any legislation in Northern Ireland or the Isle of Man corresponding to that Act	£1,654.00 per annum	£31.70 per week
	(b)	under article 28(2)(b)
		(i) in respect of the only, elder or eldest child of a member	£1,698.00 per annum	£32.55 per week
		(ii) in respect of each other child of a member	£1,858.00 per annum	£35.60 per week
		(iii) where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 1992, or any legislation in Northern Ireland or the Isle of Man corresponding to that Act	£1,858.00 per annum	£35.60 per week
5. Pension under article 29 to a child of a member who has no parent living and has not attained the child’s age limit—	5. Pension under article 29 to a child of a member who has no parent living and has not attained the child’s age limit—	5. Pension under article 29 to a child of a member who has no parent living and has not attained the child’s age limit—
	(a)	in respect of the only, elder or eldest child of a member	£1,698.00 per annum	£32.55 per week
	(b)	in respect of each other child of a member	£1,858.00 per annum	£35.60 per week
	(c)	where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 1992, or any legislation in Northern Ireland or the Isle of Man corresponding to that Act	£1,858.00 per annum	£35.60 per week
6. Allowance under article 30(2)(b) to or in respect of a child who has attained the child’s age limit	6. Allowance under article 30(2)(b) to or in respect of a child who has attained the child’s age limit	6. Allowance under article 30(2)(b) to or in respect of a child who has attained the child’s age limit	£7,271 per annum(*)	£139.35 per week(*)

Suspension in individual cases – . . . Tribunal

Suspension – Social Security Commissioner and Upper Tribunal

12

Paragraphs 4 and 8 apply to a decision of the First-tier Tribunal that a decision made by it be treated as set aside as they apply to a decision of the President of the Pensions Appeals Tribunal that the decision of a Pensions Appeal Tribunal be treated as set aside.

Abatement of awards in respect of social security benefits

Suspension in individual cases – . . . an appropriate tribunal

Group	Yearly Rate
(1)	(2)
	£
1 - 11	6,327.35
Group	Weekly Rate
---	---
(1)	(2)
	£
12 - 17	121.26

PART 2A — ENTITLEMENT OF RECIPIENTS OF DIFFUSE MESOTHELIOMA LUMP SUMS

Entitlement of recipients of diffuse mesothelioma lump sums to other awards

21A

• (1) Schedule 1A (diffuse mesothelioma lump sums) has effect and applies in determining the entitlement of a member of the armed forces to a diffuse mesothelioma lump sum.

• (2) Where a member of the armed forces is entitled to a diffuse mesothelioma lump sum by virtue of paragraph 2 of Schedule 1A—

• (a) any award in payment under Part 2 in respect of the disablement of the member must stop;

• (b) no award may be paid under Part 3 in respect of the death of the member, except for funeral expenses in accordance with article 32; and

• (c) in addition to Schedule 1A, only the provisions of the Order specified in paragraph (3) apply to the member.

• (3) The provisions referred to in paragraph (2)(c) are—

• (a) Part 2A (entitlement of recipients of diffuse mesothelioma lump sums);

• (b) in Part 3 (awards in respect of death), article 32;

• (c) Part 4 (claims), except for article 35;

• (d) Part 5 (adjudication), except for article 44;

• (e) Part 6 (payment);

• (f) in Part 7 (reduction and cancellations of awards), articles 51, 52, 57 and 59;

• (g) Part 8 (miscellaneous provisions);

• (h) Schedule 3; and

• (i) Schedule 6.

• (4) Paragraphs (2) and (3) apply on and after the date on which the Secretary of State pays the diffuse mesothelioma lump sum in accordance with the Order.

SCHEDULE 1A — DIFFUSE MESOTHELIOMA LUMP SUMS

Interpretation

1

In this Schedule, the following expressions have the following meanings—

• “commencement date” means 11th April 2016; and

• “diffuse mesothelioma lump sum” means a lump sum payment to which a member of the armed forces is entitled under paragraph 2.

Entitlement to diffuse mesothelioma lump sum

2

• (1) A member of the armed forces is entitled to a diffuse mesothelioma lump sum if sub-paragraph (2) applies.

• (2) This sub-paragraph applies where—

• (a) a consultant respiratory physician or consultant oncologist makes or has made a diagnosis that the member has diffuse mesothelioma;

• (b) the member makes or has made a claim under article 34(1) and (2) (making of claims) in respect of disablement due to diffuse mesothelioma which was caused by service in the period before 6th April 2005;

• (c) the Secretary of State accepts or has accepted that claim under article 40 or 41 (whichever is applicable); and

• (d) after the claim is or was accepted, the member elects or has elected to receive a diffuse mesothelioma lump sum under paragraph 3.

Election to receive diffuse mesothelioma lump sum

3

A member of the armed forces elects or has elected to receive a diffuse mesothelioma lump sum by—

• (a) completing and signing a form approved by the Secretary of State for the purpose of electing to receive a diffuse mesothelioma lump sum; and

• (b) delivering that form either to an appropriate office of the Secretary of State or to an office of an authorised agent.

Period for making an election

4

• (1) Subject to sub-paragraph (2), a member who has not made an election before the commencement date is not entitled to elect to receive a diffuse mesothelioma lump sum unless the member makes an election within the period of three months beginning with whichever is the later of—

• (a) the commencement date; and

• (b) the date on which the Secretary of State notifies or notified the member that his or her claim has been accepted.

• (2) Sub-paragraph (3) applies to a member of the armed forces—

• (a) to whom an award under Part 2 of the Order in respect of disablement due to diffuse mesothelioma is in payment on the commencement date; and

• (b) who has not made an election before that date.

• (3) The member is not entitled to elect to receive a diffuse mesothelioma lump sum unless he or she makes an election within the period of three months beginning with whichever is the later of—

• (a) the commencement date; and

• (b) the date on which the Secretary of State provides the member with a written estimate of the amount of the diffuse mesothelioma lump sum to which the member will be entitled if the member makes an election.

Calculation of the diffuse mesothelioma lump sum

5

• (1) Subject to sub-paragraph (2), the amount of the diffuse mesothelioma lump sum to which a member is entitled under paragraph 2 is £140,000.

• (2) The amount of the diffuse mesothelioma lump sum must be reduced by—

• (a) the total amount of any award under Part 2 of this Order in respect of the member’s disablement due to diffuse mesothelioma paid to the member before the date on which the diffuse mesothelioma lump sum is paid;

• (b) the total amount of any award under Part 3 of this Order paid in respect of the death of the member before the date on which the diffuse mesothelioma lump sum is paid, except for an award under article 32 (funeral expenses); and

• (c) any payment that the Secretary of State has made or will make to Motability Operations Limited pursuant to an agreement entered into by, or on behalf of, the member for the hire or hire-purchase of a vehicle.

Payment of diffuse mesothelioma lump sum

6

The Secretary of State must pay to the member the diffuse mesothelioma lump sum to which he or she is entitled under paragraph 2.

Circumstances in which a person may be required to repay

7

• (1) The Secretary of State may require a member of the armed forces or the designated person to repay all or part of the diffuse mesothelioma lump sum where the Secretary of State is satisfied that relevant evidence shows that—

• (a) the payment was made in error;

• (b) whether fraudulently or otherwise, any person has misrepresented or failed to disclose a material fact and the Secretary of State makes the payment in consequence of the misrepresentation or failure;

• (c) the member was for any other reason not entitled to receive a diffuse mesothelioma lump sum; or

• (d) the member or the designated person has received or may receive compensation which will benefit the member or designated person.

• (2) The Secretary of State must send a written notice to the person required to make the repayment which states—

• (a) the amount required to be repaid;

• (b) the reason why the repayment is required; and

• (c) that the member (or, if the member has died, the designated person) may request a review of the decision.

• (3) For the purposes of this paragraph, the “designated person” has the meaning given in article 68(5)(b).

• (4) The reference in sub-paragraph (1) to “relevant evidence” is to evidence which—

• (a) is relevant to the question whether the member was entitled to a diffuse mesothelioma lump sum under paragraph 2; and

• (b) is received by the Secretary of State only after the diffuse mesothelioma lump sum has been paid to the member or designated person.

• (5) The reference in sub-paragraph (1) to “compensation” means the compensation referred to in article 52 (adjustment of awards in respect of other compensation) which is paid in respect of the member’s disablement due to diffuse mesothelioma.